Burnham Associates, Inc.

Material Facts

• Burnham Associates, Inc. submitted a certified claim seeking additional money due to the government's use of a previously undisclosed pre-dredge survey and delays caused by shipping traffic.
• The contract was awarded on 16 July 2012, and the work was performed from August to October 2012.
• The Corps conducted a post-dredge survey on 4 and 11 October 2012, which showed that 15.9 cubic yards of payable material remained at the site.
• Burnham's certified claim dated 25 November 2014 contended that the Corps had misrepresented the payable quantity.
• The contracting officer issued a final decision denying the claim on 9 June 2016.

Parties

Appellant

Burnham Associates, Inc.

Respondent Agency

U.S. Army Engineer District, New England

Contract Number

W912WJ-12-C-0009